“If you have a pending application for a Marriage-Based Green Card or a Change of Status Green Card, you can travel outside the United States with a travel document. The travel permits act like a U.S. visa, allowing the traveler to reenter the United States upon return.”
Travel Permits
A travel permit document is safe when used properly. But several conditions apply for it to be appropriate. Still, most immigration attorneys recommend against traveling outside the United States while your Green Card application is pending.
You can travel and work as long as you have a valid work permit. Depending on the applicant’s circumstances, applying for either permit is optional.
Using this guide, you can make a decision:
- Is it necessary to apply for a work permit now or in the future?
- Can I apply for a travel permit now, or will I need to wait?
Despite how complicated and intimidating this may seem, don’t worry! When you work with Attorney Group, you’ll get an independent immigration lawyer to answer all your questions.
The Attorney Group also simplifies the application process by converting government requirements into simple questions that can be answered online at your convenience. Check if you qualify for a green card through marriage, or learn more about how we can help.
What Is a Travel Permit?
A travel visa is a legal agreement issued by the government of a country that allows people to enter and exit the country. Travel permits are an optional document for applicants for a marriage-based Green Card. They allow them to travel legally while they reside in the United States. Travel visas in the United States are passports. Consequently, a travel visa is the stamp or sticker one receives from officials at another country’s border.
A travel visa is usually required for each traveler’s country. The purpose of a travel visa is to grant entry to a country and permit a person to remain there for a specified period. The person will, however, be forced to go to the country after the end of this period and usually have to return home.
Whether you need a visa for business or pleasure, you should consult an immigration lawyer for more information on the different types.
Is a Travel Permit the Same as a Tourist Visa?
Tourist and travel visas are often used interchangeably as if they mean the same thing. Taking care to keep in mind their differences is important when traveling. Individuals can travel in or out of a country with any visa document. In U.S. immigration law, tourist visas are a very specific type of visa.
Travel visas are temporary visas that allow a traveler to enter a country for specific purposes, including business, pleasure, or medical treatment. The tourist visa is also called the visitor visa or visitor permit.
Generally, a tourist visa would be issued to someone settling an estate, taking an extended vacation, or having surgery in the United States.
A travel visa refers to a stamp or sticker placed on a passport by the border officials of a country upon entry. There are frequent changes to this general definition. According to the United States definition of March 2021, this is also the current definition.
Many countries often distinguish between a tourist visa and a travel visa.
Is a Travel Permit Always Needed?
Various countries will need different types of travel visas, as discussed above. Enter and return to the United States from their country; there are many different types of visas. There is no overarching category of travel visas in the United States.
Travel Permit Always Needed
For more information about what type of visa a person needs to enter the United States, you should contact your country’s U.S. Embassy or Consulate. A person’s travel visa needs will usually depend on the reason for their visit to the United States.
Undocumented immigrants may face severe legal consequences, such as losing their immigration status from the country, if they fail to get a visa before coming to the United States.
The requirements of their destination countries will apply instead of those of the United States for foreign travelers. Some countries do not require visas, while others need them upon arrival.
If a person wishes to travel abroad and return to their country of origin, they will need a passport or some form of government identification.
What Are the Requirements for a Travel Permit?
Visa requirements vary according to the type of visa a person is applying for and the requirements of the country in which they are applying.
The entry requirements for the country one intends to visit should be fully researched and reviewed by those seeking a travel visa. Many countries have similar travel requirements, including:
- Vaccinations and other shots: Travelers to certain countries must receive certain vaccinations before they enter. It will help prevent them from spreading infectious diseases to other citizens within their own country or other countries when they leave. In most countries, travelers must get a flu shot before they travel.
- Proof of citizenship: Passports and other documentation are usually required by most countries. Before entry, the United States and other countries need valid government identification documents, such as passports. Even Americans who are already citizens are subject to this requirement. To return, they’ll need a passport.
- According to some countries’ guidelines, a traveler’s passport may not expire within six months of departure from a country to travel abroad.
A few countries have this need, including the United States. When traveling outside of the U.S., travelers who plan to return or remain in the country should renew their passports before they leave.
- Traveling outside the U.S. can also require the passport to have three blank pages left.
- Miscellaneous requirements: Depending on the country, visitors may be fingerprinted upon entry, provide proof of a return airline ticket and hotel reservation, need to take a picture upon arrival, prove their health and travel insurance, explain why they are traveling to a particular country, show monetary funds to pay for the trip, etc.
Each country may have its travel requirements beyond the ones listed above. Therefore, travelers uncertain of what they need to do to travel outside the U.S. and return should consult with an immigration lawyer before departing.
Need a Qualified Lawyer for Help with Travel Visa Issues
The United States requires valid travel visas for foreign-born individuals who intend to travel from another country to another or to travel abroad and then return home.
According to the severity of their violations of U.S. immigration regulations, they could potentially lose their current immigration status and be removed from the United States.
To seek further guidance about visa applications or renewals, you should speak to an immigration lawyer. A skilled immigration lawyer can assist you in filling out and submitting the necessary legal paperwork. You may also be able to contact your lawyer for a family member’s travel visa.
Your lawyer will also be able to represent you in court if you need to appear before an immigration law court for your travel visa issue.
When should we apply for a work permit?
Work permits allow spouses seeking a green card to work legally in the USA while waiting for their green card decision, which can take ten to 38 months. Work permits are free; recipients typically receive those 5–7 months after applying.
Should we apply for a work permit right away?
Spouses seeking green cards apply for work permits if:
- There is an end date or no start date for the Optional Practical Training (OPT) provided to F-1 students.
- In some cases, they don’t have the right to work, such as tourists on tourist visas.
- Inability to work of the sponsoring spouse
- To change employers, they do not want to transfer their work visas, such as an H-1B or E-3
- The expiration date of their current work visa is approaching.
Depending on the circumstances, the spouse may not need a work permit if the above factors do not apply.
Advanced Parole Travel Document
Things to Consider
- Individuals without permanent residence status can receive Advance Parole.
- The Advanced Parole program allows individuals to reenter the United States without a visa after temporarily traveling abroad. The individual must apply for Advance Parole before departing the country.
You may qualify for Advanced Parole if you are a U.S. citizen and wish to travel outside the country for personal or bona fide reasons. Among the examples are:
- Status adjustment application pending;
- The Family Unity Program provides benefits;
- The grant of Temporary Protected Status (TPS); or
- A pending asylum application
Advance Parole is not available if:
- If you have not applied for a change in status, you will need a refugee travel document to leave the country.
- Without a valid immigration status, you are currently residing in the United States;
- Removal proceedings are underway against you;
- Currently residing in the country for a current two-year period with a valid J-1 visa;
- The USCIS no longer approves advance parole applications for current DACA recipients (effective September 5th, 2017)
What is the best time to apply for a travel permit?
Travel permits allow spouses seeking green cards to travel outside the United States while the U.S. government processes their applications. Applicants usually take 5–7 months to receive their travel permit.
To get a travel permit right away.
It is common for spouses applying for green cards to apply for a travel permit only if they need to travel outside the United States during the application process for a green card — such as for an emergency in the family or a crucial business meeting.
After international travel, a spouse seeking a green card does not guarantee that they will be able to reenter the United States with a travel permit: Travel permits only allow re-entry into the United States — Customs and Border Patrol (CBP) officers are responsible for making the final decision to allow re-entry.
In the event of denial of re-entry, it may be necessary to terminate a pending green card application.
It would help if you also considered any pandemic-related travel restrictions applicable to the country you plan to travel to. A list of current travel restrictions can be easily found on any international airline’s website or the website of the Department of State.
Do we need a travel permit now, or can we apply later?
Once Form I-485 is filed, the spouse seeking a green card can apply for a travel permit anytime.
Consult Immigration Experts
Many people have difficulty understanding how their travel visas work and whether they qualify for one because the laws can be so complex. It is possible to clear this up with an immigration lawyer, ensure that the right visa is applied for, and handle the application correctly.
You can also get advice from immigration attorneys about what course of action is best for you in the future if you have already made mistakes during the application process. A visa application will be much smoother and more successful if you work with an immigration attorney.
Finding the right visa for your situation is one of the most difficult aspects of applying for one. The United States has two student visa types, and eight work visa types, and every country has its visa type. You are much more likely to succeed by hiring an immigration attorney to help you choose the right visa.
Attorney Group can provide you with more information about how an immigration attorney can help you, or you can schedule an appointment with an immigration attorney to discuss your visa application and eligibility. We can help you with all your travel permits and visa needs.